factual

Are the principals of a Bumper Man franchise severally liable for the obligations of the franchisee?

Bumper_Man Franchise · 2025 FDD

Answer from 2025 FDD Document

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Your principals will be individually and jointly and severally bound by all of your obligations and the obligations of principals under the Franchise Agreement by signing the Guaranty and Undertaking of Principal's Obligations, attached to the Franchise Agreement as Exhibit B. If you are married, your spouse must sign a Guaranty and Undertaking of Principal's Obligations, regardless of whether she has any interest in the franchisee entity that you establish.

ITEM 16 RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL

You must sell and may only sell the bumper repair services and products we have approved.

Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 32–33)

What This Means (2025 FDD)

According to the 2025 Bumper Man FDD, the principals of a Bumper Man franchise are indeed individually, jointly, and severally bound by the obligations of the franchisee. This is achieved through the signing of a Guaranty and Undertaking of Principal's Obligations, which is attached to the Franchise Agreement as Exhibit B. This means that each principal is responsible for the full amount of the franchise's obligations, not just a portion. Even if a principal's spouse has no ownership interest in the franchisee entity, they must also sign this guarantee.

This requirement has significant implications for prospective franchisees. It means that the personal assets of the principals are at risk if the franchise fails to meet its financial or contractual obligations. The franchisor, Bumper Man, requires this guarantee to ensure that there is a strong commitment from the individuals controlling the franchise and to provide an additional layer of security for the franchisor. This is a common practice in franchising, as it aligns the interests of the franchisor and the franchisee's leadership.

Furthermore, the FDD specifies that all shareholders, officers, directors, partners, members, and all managers and other personnel that have access to Bumper Man's Confidential Information must sign non-disclosure agreements. This is to protect the franchisor's proprietary information and trade secrets. The combination of the personal guarantee and the non-disclosure agreements underscores the importance Bumper Man places on the commitment and integrity of its franchisees' principals.

Prospective franchisees should carefully consider the implications of this personal guarantee and seek legal and financial advice before signing the Franchise Agreement. Understanding the full extent of their personal liability is crucial for making an informed decision about investing in a Bumper Man franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.